The panel judicial review hearing of Law No. 7 of 2017 on General Elections for case No.128/PUU-XXI/2023 by Muhammad Syeh Sultan, A Fahrur Rozi, and Tri Rahma Dona, Wednesday (10/25/2023). Photo by MKRI/Fauzan.

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JAKARTA (MKRI) — Another judicial review hearing of Law No. 7 of 2017 on General Elections (Election Law) was held by the Constitutional Court (MK) on Wednesday, October 25, 2023. The case No. 128/PUU-XXI/2023 was filed by Muhammad Syeh Sultan, A. Fahrur Rozi, and Tri Rahma Dona. The petition revision hearing was presided over by Constitutional Justices Arief Hidayat (panel chair), Daniel Yusmic P. Foekh, and Wahiduddin Adams.

At the hearing, A. Fahrur Rozi said that his petition was unprecedented, which means that there had not been any petition requesting the reinterpretation of a Constitutional Court decision. They intend to request the reinterpretation of a ruling on August 15, 2023. “At first glance, we admit that it seems as if we wanted to challenge or change the Court’s decision, but in substance this petition requests the review of Article 280 paragraph (1) letter h as interpreted in that decision, considering that [that] decision would be a note for the validity of the norm we are challenging,” he said.

He added that the petition filed was different from that which the Court had ruled because in its previous ruling, the Court had created a new norm. This means that political campaign in educational and government facilities with the authorization of the facility’s manager has become a norm within the article, while the previous petition challenged the elucidation to the norm.

Also read: Re-examining Provision on Campaign Ban

At the preliminary hearing, the Petitioners asserted their challenge of Article 280 paragraph (1) of the Election Law, which regulates political campaigns in campuses, which the Court has declared conditionally unconstitutional through Decision No. 65/PUU-XXI/2023. They argue that more than 50% or as many as 272 regional heads are acting regional heads (Plt.) appointed by the executive, in this case the president. They believe this shows potential political intervention. In the petition, they argue that the phrase “except for government facilities and educational institutions as long as they obtain permission from the manager of the site in question and attends without any campaign attributes,” which was declared conditionally unconstitutional, would still lead to harm to academics. They request the Court to declare said phrase in Article 280 paragraph (1) letter f of Law No. 7 of 2017 unconstitutional and not legally binding.

Author       : Utami Argawati
Editor        : Lulu Anjarsari P.
PR            : Raisa Ayuditha
Translator  : Nyi Mas Laras Nur Inten Kemalasari/Yuniar Widiastuti (NL)

Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian versions, the Indonesian version will prevail.

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